Poor Laws

POOR LAWS ARE LEGAL institutions that have historically been used to regulate and administer the treatment of the poor in many different countries. They tend to reflect the cultural and religious natures of the societies in which they were enacted. Swedish poor laws, for example, changed from a system of largely faith-based charitable provision to a modern, govern-ment-based and funded central provision of welfare services to all individuals according to need. Islamic societies most commonly have charitable giving integrated into the heart of social life because it is proclaimed as one of the Five Pillars of Islam. Consequently, well-funded organizations existed to meet the needs of the poor.

British systems of poor law have perhaps been most influential internationally because of their introduction in spirit if not always according to the letter of the law in many former colonies, including what is now the United States. Various laws were passed in the 16th and 17th centuries that made provisions for feeding the poor and putting them to work. Those who were considered to be persistently idle were to be placed in correctional facilities until such time as they improved their attitude.

The concept of the deserving and the undeserving poor was already well established by this time. In other words, it was believed possible to identify some people as worthy of receiving assistance and others who were morally defective and worthy of little or no mercy, irrespective of the cause.

Children too were put to work if they did not have parents or guardians to provide for them. The poor themselves were generally considered to represent a [Page 836]public nuisance, located in urban areas, as author Daniel Defoe made clear: “The Multitude of Poor, who beg in the streets, are a Publick Grievance to all the Inhabitants of the City and Suburbs; and notwithstanding the Methods which have hitherto been taken to prevent it, their Numbers daily increase; they are continually interrupting Business with their Importunities, they besiege the Entrance to our Churches, and fill our Ears, in all Places of Resort, with lamentable Complaints of Distress.”

Workhouses had been established from early in the 17th century as places to house the poor, which were mostly based on the parish system, that is, attached to local churches. This was to prevent internal migration. The vision of rootless poor roaming the countryside has been a discomforting situation for the ruling elites throughout history in countries such as Great Britain and China, where residential registration is still required for most people.

Workhouses, as the name suggests, provided work for the poor to do in return for their accommodation. Inevitably entry into a workhouse generally meant a long-term sentence, as it was very difficult or impossible to accumulate a sufficient surplus to enable a person to move out into private housing. This difficulty was exacerbated by those workhouses that were established as unregulated corporations seeking to make profits from the labor of the incarcerated poor.

The Speenhamland system developed a means-tested targeted approach to the provision of relief to the poor, which enabled the old and infirm to find accommodation at poorhouses while outdoor relief was provided for those able to work. This worked by establishing a form of minimum wage available to all workers and workers unable to earn this amount would receive the difference from the public purse via a levy passed on all parish members.

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